Terms & Conditions

Acceptance of terms

These terms and conditions govern all supply of goods and services ("products") by
{EarthTone Tanning} ("{EarthTone Tanning}", "we, "us") to you, the purchaser of goods and services from us, including your use of the website at {earthtonetanning.com.au} ("the website"). They are effective from {March 2017} and will replace all earlier {EarthTone Tanning} terms of trade and any conditions contained in any document used by you and purporting to have contractual effect.

We reserve the right to change these terms of trade by notice to you. Notice may be given by posting the revised terms and conditions on our website.

To make a purchase from our online shop you must be 18 years of age or over.

Purchases from our online shop may only be made by persons who are acquiring goods or services for their own use or consumption, and you must not acquire goods from us via the website for resupply (whether in trade or otherwise).

If you are purchasing on behalf of another entity such as a company you warrant you have the authorisation to agree to these terms and conditions on behalf of the entity.

Availability and supply

All orders are subject to the availability of those products or services. If for any reason a Product is not available, we will endeavour to notify the non-availability on our online shop.

Delivery and delivery charges

Prices for goods and services stated on our website are exclusive of any applicable delivery charges.

We only deliver to Australian street addresses. The cost of delivery is as stated on our website and a total delivery cost will be provided in the order summary we in your online shopping basket.

We will use all reasonable endeavours to ensure that orders for tangible goods will be dispatched promptly after an order has been placed.

Pricing

All prices are in Australian Dollars and are inclusive of any Goods and Services Tax ("GST") unless stated to be otherwise but are exclusive of delivery charges. All prices are correct when published. We reserve the right to alter prices at any time.

Payment options

We accept the following credit cards:

Visa, MasterCard and American Express

We also accept payment from your PayPal account if you have one.

Credit Card Security

All payments are processed via PayPal's secure payments system to ensure high levels of payment security and are subject to PayPal's terms and conditions.

Shipping &
Returns
Shipping Fees:

We have a shipping flat rate of $7.95AUD.
For all
online orders of $99 or more delivered to Australian destinations we offer
complimentary standard shipping.
Please note
that minimum spend of free shipping is exclusive of any other offers or
discounts.

Delivery:
All parcels
sent must be signed for at the provided delivery address to be received unless
stated otherwise when placing order. EarthTone Tanning accept
no responsibility for lost or missing orders if you have given permission for
the parcel to be left unattended without being signed for. Please use
your tracking order & try to ensure you are at the address provide to
accept & sign for your parcel. Should no one be home a ticket will be left
stating where you can collect your parcel from – please ensure to collect from
your closest collections within the provided timeframe to avoid parcels being
returned to us.

Returns:
Please contact us via email within 14 days of receiving your
order.
Should you
make an error when ordering online, we will gladly exchange your item for
the item you intended to purchase. The returned item must be unopened and in
its original saleable condition. You are responsible for the shipping and additional
postage charges. Should you make an error with your online order please contact
us immediately so the order can be amended prior to being dispatched to avoid
additional shipping etc.
Any return
shipping & handling charges are at the sole expense and responsibility of
the customer. EarthTone Tanning will not be liable to reimburse the customer for any
shipping related to returns.

Liability Limitation

Where you acquire or hold yourself out as acquiring goods or services from us for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 will not apply. The conditions, warranties and guarantees set out in the Sale of Goods Act 1908 or otherwise implied by statute or common law will not apply and are excluded from these terms of trade.

We will always endeavour to have complete and accurate information on our website but to the greatest extent permissible by law we assume no responsibility for the completeness and current accuracy of the information provided on our website.

To the greatest extent permissible by law, we exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of every officer, employee, contractor, agent of us and anyone else we use to perform our duties or provide services under any agreement you have with us. None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us. This exclusion applies whatever you are claiming for and in whatever way liability might arise. This exclusion does not limit any inalienable rights you may have under the Consumer Guarantees Act 1993.

Our maximum liability to you (if any) shall be limited to the value of any faulty products or services supplied by us and we, our employees, contractors and agents, will not be liable to you for loss or damage of any kind however that loss or damage is caused or arises.

Applicable law and jurisdiction

Unless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any goods or services are provided to you by us and irrespective of the location where you reside.

Use of our website, supply of products or services by us to you and any other matter arising from these Terms and Conditions are subject to the laws of Australia. The Courts of Australia shall have non-exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with these terms of trade, or with the use of website or supply of any services.

Where you or any other person who you act for, or who you permit to act for you supplies incorrect information for the purchase of a product or service and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you (including legal costs on a solicitor-client basis).

You agree to use our website, products and services in accordance with the applicable laws of the country or countries where your business or organisation is based.

Privacy policy and Confidentiality

Where you have provided information to us on a confidential basis, we will hold that information in confidence, except as required by law. We cannot guarantee that our website is secure, and we cannot be held responsible for a breach of our website security that is beyond our control.

You can request details of your personal information that we hold, and ask us to correct it, at any time.

General Conditions

We reserve the right to change these terms and conditions from time to time by notice, which may be in the form of a notice posted on our website at
{earthtonetanning.com.au}.

If we fail to enforce any terms or to exercise our rights under these terms and conditions at any time, we have not waived those rights.

If any provision of these terms and conditions is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by these terms and conditions.

Unless any provision in this agreement expressly provides otherwise, these terms and conditions are not intended to confer a benefit on any person or class of person who is not a party to it.

We may deliver notices to you by sending them to an email address that you have notified to us.